Douglas club owner sent to prison for arson

Tuesday

Feb 26, 2013 at 2:00 PMFeb 26, 2013 at 10:39 PM

A former owner of the Black Lab Lounge in Douglas was sentenced to prison today, after pleading guilty to arson charges arising from a July 23 fire that damaged the vacant business. The charges stemmed from a three-month investigation by state police and local police and fire officials into an early-morning blaze in a two-story commercial building at 306 Main St., Douglas.

By Gary V. Murray TELEGRAM & GAZETTE STAFF

A former owner of the Black Lab Lounge in Douglas was sentenced to prison today, after pleading guilty to arson charges arising from a July 23 fire that damaged the vacant business.

Michael J. Johnson, 48, of 34 Vinton Road, Holland, was sentenced to 1-1/2 to 2 years in state prison, with 5 years of probation to follow, after entering guilty pleas in Worcester Superior Court to arson of a building, breaking and entering in the nighttime with intent to commit a felony and malicious destruction of property valued at more than $250.

The charges stemmed from a three-month investigation by state police and local police and fire officials into an early-morning blaze in a two-story commercial building at 306 Main St., Douglas. The building housed the vacant Black Lab Lounge and several other businesses.

The three-alarm fire caused an estimated $50,000 to $60,000 in damages. The Douglas Fire Department and firefighters from neighboring communities responded and quickly brought the fire under control.

Assistant District Attorney Joseph A. Simmons told Judge Janet Kenton-Walker that a surveillance camera at a nearby business captured a silver pickup truck with the partially obscured logo “Club” entering the parking lot at 306 Main St. about 1:35 a.m. July 23, shortly before the fire was reported.

Investigators learned that Mr. Johnson drove a silver Dodge Ram pickup truck with the Club Remix logo on it. He and Scott Hurley, 55, of Douglas, were co-owners of the Black Lab Lounge at the time and also owned Club Remix on Water Street in Worcester.

A police dog alerted investigators to the possible presence of accelerants at the fire scene and samples were taken, according to the prosecutor.

Surveillance video from a Shell Gas station on Lackey Dam Road in Uxbridge showed 4 gallons of gasoline being bought about 1:30 a.m. by a person seen walking to a gas pump from a silver or gray pickup truck, Mr. Simmons said.

Marc Larocque, the owner of the commercial property, said the Black Lab Lounge had encountered financial difficulties, and that Mr. Johnson and Mr. Hurley had fallen several months behind on their rent payments. The lounge closed in December 2011, reopened the following month, only to shut down again, he said in an impact statement.

Mr. Larocque said he thought the business had been abandoned and went in and changed the locks.

Mr. Johnson's lawyer, Michael S. Hussey, said his client apparently felt some “resentment” toward Mr. Larocque, and was depressed and abusing alcohol at the time he set the fire.

Mr. Hussey, who recommended the sentence that was imposed by Judge Kenton-Walker, said Mr. Johnson had no prior criminal convictions. He described the setting of the fire as “out of character” and told the court Mr. Johnson was “profoundly apologetic” and ashamed.

While acknowledging that his recommendation exceeded advisory sentencing guidelines, Mr. Simmons asked the judge to sentence Mr. Johnson to a prison term of 4 to 5 years with 5 years of probation to begin upon his release.

In support of his recommendation, the assistant district attorney noted that a gas line inside the lounge had been cut before the fire was set and cited the risk that had been posed to the firefighters who responded.

Mr. Hurley had been charged with being an accessory, after the fact, to arson of a building, but Mr. Simmons dropped that charge today, filing a notice of nolle prosequi in Mr. Hurley's case.

A nolle prosequi or nol pros is an entry in the court record reflecting a prosecutor's decision not to proceed with a charge after it has been lodged. The notice said the dropping of the charge was “in the interest of justice.”

Mr. Hussey said during the plea hearing that Mr. Johnson maintained he acted alone.

As conditions of probation, Mr. Johnson was ordered to have no contact with any victim or witnesses in the case, to stay away from 306 Main St., Douglas, to remain drug and alcohol-free and to undergo substance abuse and mental health evaluations and any related treatment deemed appropriate by the court.

Mr. Johnson was given credit for 132 days he spent in custody awaiting trial.